Indiana Court Decisions – July 2–17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Medically induced disputes causing some heartburn
While the debate rages over the safety of immunizations, family law attorneys in Indiana say that issue is rarely a source of discord between divorced, separated or unmarried parents. However, arguments over medications and doctor’s appointments happen frequently, such as claims that a former spouse goes to the doctor every time the child has a sniffle or others asserting their child should have been taken to an urgent care center instead of the emergency room.
A big plus: Improved child support calculators aid lawyers, parents
Newly updated versions of the state’s child support calculators went live July 1, drawing surprise and praise from family law attorneys.
Conflicting opinions: Amid call to abolish city, town courts, proponents say venues have value
If you’ve ever been cited for violating a local ordinance, odds are you’ve ended up in a city or town court. While there have been calls to abolish them, the small-matter venues also have their defenders.
Makris & Zoeller: How relocation statute changes affect child custody orders
When a parent with a child custody order plans to move, Indiana Code 31-17-2.2 sets out the requirements that they must follow in order to provide the nonrelocating parent with notice of their intended relocation. Amendments to the relocation statute that took effect on July 1 bring changes to filing deadlines, notice procedure, and to whom the law applies.
Cooper out, county moving on
Former Johnson County Prosecutor Bradley Cooper told his domestic violence victim and former fiancée in court on July 17, “I did it. I did it all,” as a judge accepted his guilty plea to felony counts that terminated his ability to serve in his elected office and jeopardize his license to practice law. Cooper’s longtime deputy, Joe Villanueva, was sworn in the same day as interim prosecutor.
Pencils being replaced by tapping, highlighting and swiping
The writing sample traditionally given at the end of the LSAT, when candidates are usually mentally fatigued and no longer able to legibly scribble their thoughts, could draw new attention from law schools as the entrance exam switches to a digital format. The test will go all-digital beginning in September.
DTCI: Practical Tips for the Developing Young Lawyer
As this year’s graduates prepare to take the July bar exam, I cannot help but think back to when I was taking the bar and preparing to begin my legal career. A daunting task, certainly. But with the support of many in the Indianapolis legal community, I got through it with only a few bumps and bruises. And I learned a lot along the way. For the developing young lawyer, this article offers some practical guidance to help you continue growing professionally.
Opinions July 23, 2019
7th Circuit Court of Appeals United States of America v. Joseph A. Williams 18-2662 Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio. Criminal. Affirms Joseph Williams’ 188-month sentence for conviction of possessing a gun as a felon and possessing cocaine with intent to distribute […]
Suspended Indianapolis attorney charged with theft
An Indianapolis attorney who was charged two years ago with indecency and public nudity after allegedly exposing himself to two high school girls basketball teams has been accused of taking more than $53,000 from a client. Raymond Fairchild has been charged with theft as a Level 5 felony for allegedly taking $53,226.35 from the proceeds of a client’s litigation settlement, according to a release from Marion County Prosecutor Terry Curry’s office.
Fired Zamboni driver loses discrimination appeal
A Zamboni driver that was fired after crashing the machine in an ice rink lost his appeal when the 7th Circuit Court of Appeals concluded he failed to prove his employer failed to accommodate his disability.
7th Circuit upholds enhanced sentence under Armed Career Criminal Act
A convicted drug offender has lost an appeal of his enhanced sentence after failing to convince the 7th Circuit Court of Appeals that the enhancement was improper because his former cocaine dealing conviction was not a predicate “serious drug offense” under the Armed Career Criminal Act.
Judge Jacobs to return to Clark County bench next week
Clark Circuit Judge Bradley Jacobs, one of two judges wounded in an early-morning shooting in downtown Indianapolis in May, will return to the bench next week, the Indiana Supreme Court announced in an order Tuesday.
Widower can seek excess damages in med-mal complaint, COA rules
A widower may pursue excess damages from the Indiana Patient’s Compensation Fund upon the Indiana Court of Appeals’ finding that nothing in the Medical Malpractice Act requires him to accept a settlement offer from the doctor he alleged was responsible for his wife’s death.
COA affirms breach of contract, reverses malicious prosecution rulings
The Indiana Court of Appeals has partially affirmed a ruling against an automotive maintenance company in a breach of contract dispute with its landlord, while reversing in the company’s favor on its malicious prosecution claims.
US attorney general says encryption creates security risk
U.S. Attorney General William Barr said Tuesday that increased encryption of data on phones and computers and encrypted messaging apps are putting American security at risk. Barr’s comments at a cybersecurity conference mark a continuing effort by the Justice Department to push tech companies to provide law enforcement with access to encrypted devices and applications during investigations.
Former IPS union president pleads guilty to $100,000 embezzlement
The former president of the Indianapolis Education Association, the union that represents the teachers of Indianapolis Public Schools, has pleaded guilty to embezzling $100,000 from the union, U.S. Attorney Josh Minkler announced Monday.
IJA accepting nominations for annual ‘Excellence in Public Information and Education’ awards
| IL Staff
The Judicial Conference Community Relations Committee is seeking nominations for two annual awards recognizing one member of the judiciary and media for their “Excellence in Public Information and Education.” The committee, on behalf of the Indiana Judges Association, will select the recipients of The Judge’s Award and The Media Award.
15 apply for Lake County judicial vacancy
| IL Staff
More than a dozen applicants are seeking to fill a Lake County judicial vacancy created by a judge’s retirement earlier this month. The vacancy in Lake Superior Court, Civil Division 6 was opened up when Judge John Pera retired July 1.
Indiana Legislature seeks to separate from AG in sexual harassment lawsuit
The Indiana House of Representatives and the Indiana Senate have filed separate motions in federal court to represent themselves in the sexual harassment lawsuit against Indiana Attorney General Curtis Hill Jr., claiming the state’s top lawyer cannot adequately defend their interests. Majority leaders of both the House and Senate announced late Monday afternoon they had hired outside counsel and are trying to intervene in the litigation brought by four women against Hill and the state of Indiana.